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NO.67

  • Last updated:2023-02-22

Taiwan Labor E-Newsletter No.67 Banner

Policies & Regulations

Labor Union Act Amendment: Increased Fines for Employers Involved in Unfair Labor Practices and Disclosure of the Names of Employers Implicated in Illegal Behaviors

Labor Union Act Amendment: Increased Fines for Employers Involved in Unfair Labor Practices and Disclosure of the Names of Employers Implicated in Illegal Behaviors

On November 15, 2022, the Legislative Yuan passed the third reading of Article 45 of the draft amendment to the Labor Union Act, which not only increased the fine for employers involved in unfair labor practices in violation of Article 35 of the Labor Union Act from a range from NT$30,000 to NT$150,000 to a range from NT$100,000 to NT$500,000, but also added a provision regarding the disclosure of names and other relevant information of employers implicated in illegal behaviors. In addition, the fine for employers who fail to fulfil their obligation in compliance with the ruling was raised from a range from NT$60,000 to NT$300,000 to a range from NT$200,000 to NT$1,000,000, which will be conducive to protecting the rights of association of workers, thus creating a favorable environment for the association of workers.

The Ministry of Labor (MOL) explained that this amendment, which aimed to increase the fines and add a provision to disclose the names of employers implicated in illegal behavior, will effectively deter employers from treating workers in an unfair manner due to workers' involvement in organizing labor unions, joining labor unions, participating in union activities or holding union positions, etc., or deter employers from improperly affecting or impeding the operation and autonomy of labor unions. Furthermore, the successive penalties for employers' fulfillment or unfulfillment of their obligations and the increased fines will also urge employers to comply with the relief order in accordance with the ruling based on integrity, which will help restore stable labor relations.

Finally, the MOL expressed its gratitude to the members of the Legislative Yuan for their efforts and support in the amendment to further extend the protection of workers' rights of association. At the same time, employers should be reminded that establishing harmonious labor relations is the core of corporate governance, and implementing penalties is not the goal of the MOL. The purpose of the amendment is to remind employers that they must respect the exercise of the legitimate rights of workers and trade unions, and establish a friendly and trusting relationship with them. In addition, employers need to listen to and accept the voices of workers to effectively enhance cohesion and business performance. Moreover, the MOL will also further strengthen promotion measures to enhance the protection of workers' key rights and benefits.

Keywords: Labor Union Act, Unfair Labor Practices, Protection of the Rights of Association

Policies & Regulations

Insurance Coverage for Live-In Foreign Workers to Safeguard Workplace Safety

Insurance Coverage for Live-In Foreign Workers to Safeguard Workplace Safety

The Labor Occupational Accident Insurance and Protection Act (hereinafter referred to as "the Act") came into effect on May 1, 2022. It stipulates that foreign domestic helpers or caregivers (hereinafter referred to as live-in foreign workers) shall be insured in accordance with the law to safeguard the safety of their workplace.

The Ministry of Labor (MOL) stated that the Act has expanded the applicable subjects for insurance enrollment, providing diversified insurance purchase channels, to ensure that workers in frontline jobs are covered by the Labor Occupational Accident Insurance (hereinafter referred to as "the Occupational Insurance"). Moreover, Article 6 of the Act stipulates that live-in foreign workers with employment permits approved by the central competent authority shall be insured by their employers and covered by the Occupational Insurance. In addition, in order to simplify the policy, provide more convenient services, and increase administrative efficiency, the Bureau of Labor Insurance (BLI) has taken the initiative to compare the employment permit information of live-in foreign workers to assist employers in purchasing insurance. Premium payment statements will be sent to employers by the 25th of February, May, August and November of each year. Employers who hire live-in foreign workers shall pay the premiums on time to ensure the rights and benefits of both parties.

The MOL emphasized that the workplace safety of all workers regardless of their nationality or occupation must be safeguarded. Employers who hire live-in foreign workers in accordance with the Act shall also fulfill their obligation as an insured unit to pay insurance premiums and provide a safe environment for foreign workers who offer family or care services, thus jointly creating a workplace with harmonious labor relations.

Keywords: Occupational Accident Insurance, Live-In Foreign Workers, Premium Payment

Policies & Regulations

In Line With the Basic Wage (Minimum Wage) Adjustment and the Revision of the "Table of Grades of Insurance Salary" for Labor Insurance Salary and Labor Occupational Accident Insurance Salary in 2023, the Bureau of Labor Insurance (BLI) Has Taken the Initiative to Adjust Insurance Salary of the Labor Insurance, Labor Occupational Accident Insurance, and Labor Pension

In Line With the Basic Wage (Minimum Wage) Adjustment and the Revision of the "Table of Grades of Insurance Salary" for Labor Insurance Salary and Labor Occupational Accident Insurance Salary in 2023, the Bureau of Labor Insurance (BLI) Has Taken the Initiative to Adjust Insurance Salary of the Labor Insurance, Labor Occupational Accident Insurance, and Labor Pension

In response to the adjustment of the basic wage (minimum wage) in 2023 from NT$25,250 to NT$26,400 per month, the "Table of Grades of Labor Insurance Salary" and "Insured Salary Category Chart of Labor Occupational Accident Insurance" were amended accordingly, coming into effect on January 1, 2023. In order to simplify the policy and provide more convenient services, the BLI has taken the initiative to make adjustments for those insured with the grade 1 insurance salary; the insured unit is not required to make a separate declaration.

The newly amended "Table of Grades of Labor Insurance Salary" and "Insured Salary Category Chart of Labor Occupational Accident Insurance" deleted the existing monthly insurance salary of NT$25,250 for grade 1, and the existing NT$26,400 for grade 2 has been moved to grade 1, while the others have not been amended nor moved. The amended Table of Grades of Labor Insurance Salary has been adjusted to 13 grades, and the Insured Salary Category Chart of Labor Occupational Accident Insurance has been adjusted to 23 grades. In addition, the NT$25,250 grade has been added in the remarks column of the Table of Grades of Labor Insurance Salary (applicable to some working hours).

In order to reduce the burden of insured units, the BLI has taken the initiative to adjust the insured's grade 1 insurance salary (originally NT$25,250) to NT$26,400, coming into effect on January 1, 2023. However, those who are part-time workers, low-income members of occupational unions, people with disabilities under sheltered employment, or trainees of vocational training institutions are not included in the applicable subjects of the adjustment of the labor insurance salary, as their actual income does not reflect adjustments to the basic wage (minimum wage). The labor insurance salary of such persons shall remain at NT$25,250.

Regarding the "Monthly Contribution Classification of Labor Pension," as the original contribution classification of NT$26,400 was already in place, there is no need for any amendment. The BLI also adjusted the original contribution from NT$25,250 to NT$26,400 for full-time workers to protect the pension rights of workers, coming into effect on January 1, 2023.

In addition, to facilitate insurance premium deductions and labor pension collection for insured units and contributing units of this year, the "Table of Grades of Insurance Salary," "Table of Shared Insurance Premiums," and the existing "Monthly Contribution Classification of Labor Pension" effective in 2023 have been placed in the "Table Download" section of the BLI website. The public is encouraged to use the individual insurance premium calculation system on the official website!

Keywords: Table of Grades of Insurance Salary, Monthly Contribution Classification of Labor Pension, Basic Wage (Minimum Wage) Adjustment

News Outlook

Outstanding Results for Taiwan at the 2022 WorldSkills Competition

Outstanding Results for Taiwan at the 2022 WorldSkills Competition

Taiwanese competitors won 6 Gold, 13 Silver, and 6 Bronze medals, as well as 17 Medallions for Excellence at the 2022 WorldSkills Competition, a record high for the total number of medals in the past years. The Ministry of Labor (MOL) held an Award Ceremony at the Grand Hyatt Taipei to commend the hard work of National Competitors and Chief Experts during the training period. Former Premier Su Tseng-Chang attended the ceremony and expressed gratitude for all efforts and dedication put into preparing for this competition.

The MOL said Taiwan is ranked 3rd among 57 countries based on Total Medal Points, where 57 National Competitors took part in 50 skills competitions. National Competitors who won Gold, Silver, and Bronze medals, as well as Medallions for Excellence will be awarded scholarships of NT$1,200,000, NT$600,000, NT$400,000 and NT$100,000, respectively. The aim of the scholarships is to congratulate the National Competitors for their hard work and encourage them to strive to further improve the overall skill level of Taiwan.

Keywords: Ministry of Labor, WorldSkills Competitions, Skilled National Competitors

News Outlook

Videoconferencing of the "9th ANZTEC Trade and Labour Committee Meeting" Focuses on "the Future of Work" and "Protecting Migrant Workers"

Videoconferencing of the "9th ANZTEC Trade and Labour Committee Meeting" Focuses on "the Future of Work" and "Protecting Migrant Workers"

The 9th session of the Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation (ANZTEC) Trade and Labour Committee Meeting was held via videoconferencing in the morning of November 22, 2022 (Taipei time). This year, the conference was hosted by Taiwan and the opening ceremony was personally attended in both locations by NZCIO Director Mark Pearson and Howard Song, Director of the Economic Division of the Taipei Economic and Cultural Office in New Zealand.

The conference began with an explanation of the "Labor Situation Updates" in both countries, carried out an in-depth discussion on the "Special Enrollment System" of the "Labor Occupational Accident Insurance and Protection Act" in Taiwan for the "Future of Work," and discussed the protection of labor rights of platform delivery personnel. New Zealand also shared the development of its income insurance system and how to extend the employment protections of contract workers. In addition, both countries also carried out exchanges on measures regarding the protection of migrant workers' rights to learn from each other's policy experience on migrant workers' rights protection. New Zealand also shared its experience in implementing the labor chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

Finally, the execution of the ANZTEC and labor guideline issues were jointly reviewed, with the hope that future exchange and cooperation on labor issues can continue to deepen within the framework of the ANZTEC and APEC.

Keywords: ANZTEC, Future of Work, Rights of Migrant Workers

News Outlook

The Migrant Workers One-Stop Service Center Launched by the Ministry of Labor Welcomes its First Group of Live-In Foreign Workers

The Migrant Workers One-Stop Service Center Launched by the Ministry of Labor Welcomes its First Group of Live-In Foreign Workers

The migrant workers one-stop service center launched by the Ministry of Labor (MOL) on January 1, 2023, allows new employers of live-in foreign workers or employers of workers who have not attended training for more than five years to apply for training and five types of services online five days before the workers arrive in Taiwan. The first group of 60 live-in foreign workers recently entered the country to receive service and arrival orientation training.

The MOL introduced the migrant workers one-stop service program to simplify the administrative procedures for foreign workers to come to Taiwan. Upon arrival, live-in foreign workers are transported to the one-stop service center where they receive training for 3 days and 2 nights, including adaptation to life in Taiwan, occupational health and safety, protection of rights and interests, health education and pandemic prevention guidance etc. Physical and online courses have been arranged to enable foreign workers to integrate into society as quickly as possible, and to reduce the costs of administrative procedures previously borne by employers. It is hoped that these services facilitate the smooth introduction of foreign workers and harmonious relations between employers and workers.

The migrant workers one-stop service center provides dedicated vehicles for pick-up services and bilingual pick up staff at airports. There are two one-stop service centers, one located in Longtan District in Taoyuan, the other in Xiaogang District in Kaohsiung. The dormitories and lecture venues provided for foreign workers are well-lit and spacious with signs in four languages. Service personnel also communicate with foreign workers in their native languages. The centers are fully equipped with free WIFI so the workers can contact their families, while a recreation area provides various activities such as reading and table tennis for individuals to socialize after training.

Umi, a foreign worker from Indonesia who stayed at the service center, said that she did not expect to have friendly staff who speak the same language to take care of her when she arrived in Taiwan for the first time, which made her enjoy a very comfortable stay. She thought that there would not be many food options for Muslims in Taiwan, but all the food and the environment of the one-stop center met Halal standards, with a Muslim prayer room for worship. Ngvyen Thi Thuy, a foreign worker from Vietnam, said that she had a great desire to know more about Taiwan, visit Taipei 101 and the zoo, and hopes to visit Taitung.

Keywords: Migrant Workers One-Stop Service, Arrival Training, Live-In Foreign Workers

  • Source:Department of General Planning
  • Publication Date:2023-02-23
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